Suspended Sentences and Probation in Canada

The short answer

A suspended sentence means the judge convicts you, but suspends the sentence and places you on probation instead, under s. 731(1)(a) of the Criminal Code. There is no jail or fine. However, unlike a discharge, a suspended sentence is a conviction and creates a criminal record. Understanding that difference before sentencing can help you and your lawyer decide what to ask the court for. This guide explains how probation works, the common conditions and what happens if a condition is broken.

What does a suspended sentence mean?

When a judge imposes a suspended sentence, the court enters a conviction and then holds off on imposing a punishment. You are released on probation for a set period. If you follow the conditions, nothing more happens and the case ends. If you break them, you can be charged with a breach, and the court can also be asked to revoke the suspended sentence and impose the sentence it held back.

Probation

Probation is a court order that requires you to follow conditions in the community. It can be combined with several types of sentences:

• A suspended sentence: The probation replaces any other punishment.
• A conditional discharge: The probation must be completed before the discharge becomes final.
• A fine: Probation can be added to a fine.
• A jail sentence of 2 years or less: Probation can follow release from jail.

Probation can last up to 3 years (s. 732.2(2)(b)). An intermittent sentence served on weekends also comes with probation conditions that apply when you are not in jail.

Mandatory and optional conditions

Every probation order includes standard conditions: you must keep the peace and be of good behaviour, appear in court when required, and notify the court or your probation officer of any change of name, address or job. The judge can add other conditions, such as:

• Reporting: You must report to a probation officer as directed.
• No contact: You must not contact certain people, directly or indirectly.
• Treatment: You must attend counselling or a treatment program.
• Community service: You must complete community service hours within a set time.
• Restitution: You must repay the victim according to a schedule.

Suspended sentence vs discharge

• Suspended sentence: This is a conviction, and it stays on your record until a record suspension is granted.
• Conditional discharge: This is not a conviction, and it is removed from the national system after 3 years.

For example, two people with the same probation conditions can end up in very different places. One has a criminal record, while the other does not.

When a suspended sentence is used

A suspended sentence is often used when a judge decides that a conviction is needed, but that jail or a fine is not. It is common for first or second offences that did not cause serious harm. A suspended sentence is not available when the offence carries a minimum punishment.

Breaching probation

Breaking a probation condition without a reasonable excuse is a criminal offence under s. 733.1. A new charge can also affect your bail on other cases, and a breach of a conditional discharge can lead the court to revoke the discharge and enter a conviction. See breach of bail conditions.

Changing probation conditions

Probation conditions sometimes stop working as your life changes. For example, a new job may require travel, or a no-contact condition may need to change after family circumstances shift. You, your probation officer or the Crown can ask the court to change the conditions. Until a court changes them, however, you must keep following the original order.

Effects beyond the sentence

A suspended sentence is a conviction, so it can appear on criminal record checks and affect jobs, volunteer positions and travel to the United States. For non-citizens, any conviction can have immigration consequences, so get advice before sentencing. After the probation ends, you can apply to the Parole Board of Canada for a record suspension once the waiting period has passed. See our criminal records page.

What to do now

• Read every condition in your probation order carefully, and keep a copy.
• Attend your first probation appointment on time.
• Ask your lawyer about changing any condition that does not fit your work or family life.
• Keep records of counselling, community service and payments.

How probation starts

After sentencing, you usually receive a copy of the probation order and instructions to report to a probation office within a few days. At the first meeting, the probation officer explains the conditions, sets a reporting schedule and may refer you to programs such as counselling. Keep every appointment, and bring any documents the officer asks for.

Community service

If your order includes community service, you must complete a set number of hours within a set time. The probation office usually helps arrange a placement, but you are responsible for completing the hours and keeping proof. Leaving the hours until the last few weeks often causes problems, so it is wise to start early.

What happens after a breach charge

A breach of probation is a separate criminal charge, and it is prosecuted like any other offence. Possible outcomes include a withdrawal, a peace bond, a new sentence or, for a conditional discharge, a revocation of the discharge and a conviction on the original charge. The reason for the breach matters, so keep any proof of illness, work conflicts or other emergencies.

Probation and other cases

If you have other charges before the court, your probation conditions and your bail conditions may overlap or conflict. For example, one order may require you to live at a certain address, while another sets a different curfew. You must follow every order that applies to you, so speak to your lawyer right away if two orders conflict.

How we can help

We can argue for a discharge instead of a suspended sentence where possible, and help you apply to change conditions that do not work. Call (647) 223-1980 for a free consultation.

Frequently asked questions